The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1887-12-01
SUPREME JUDICIAL COURT.
WEDNEsDAY-Th following decisions and re-
scripts were received by the Clerk of Courts yes
terday. The reseripts are all by Judge Virgin.

WEDNEsDAY-The following decisions and re-
scripts were received by the Clerk of Courts yes
terday The rescripts are all by Judge Virgin
ANDRoscoGGIN COUNTY.
Samuel K Littlehale " Stephen p. Littlefeld
Rescript-The question presented to the jury
was where is the true line between the ADJOINING
lots Of the parties The original line was created tS
lots by the respective abutters. In 1871 the de.
PENDANT erected a brick building. The owner OF
the adjoining lot made no claim that any part OF
the building was on any land other than its own
ers. The plaintiff purchased In 1884 and there
upon claimed that few inches OF rhe defendants
building was over the line and soon commenced
this action. He had fair trial with able counsel
70 try IT. He takes no exceptions to the rulings Of
the e. we nave patiently listened are
fully re-examined the report OF the evidence. And
while we do not feel entirely sure that the verdict
is right, we are satisfied that It Is supported by
the evidence on the part OF the defendant, and
that the general motion must be oyerrues.
The special motion pardoning its want OF power
and substance TO the lnexgerlence OF the rlalntlH
and considering 1t as ii properly made must also
be overruled. The alleged error as to the course
OF the line claimed by the plaintiff, Is inconsistent
with the amended declaration TO which tine de-
fendant pleaded, and on which the case was tried.
Moreover, the witness, by whose testimony the
alleged error is proved under the nation was
witness for the plaintiff at the trial and testified
to the same fact And the remaining facts set out
in the motion seem to have been known to the
plaintiff al the time of the trial. Motions over
ruled. Judgment on the verdict.
CUMBERLAND COUNTY.
John L. Palmer VS.. John S. Morse.
Rescript-0n careful examination OF the re-
port In this case we have come to the conclusion
that the plaintiff has sustained the allegations IN
his replication and that the defendant did reside"
in Boston within the meaning and intent Of X. 3.
c. 81 1903. Deductlng the number of years dur
ing which he there resided, the action is not
barred by the statute of limitations. Judgment
for plaintiff for amount OF the note sued on.
Roscoe Perley vs. Edward Q. Chase ct al.
Rescrtpt-A mortgagor OF land who simply con
tinues IN possession after foreclosure and his
right of redemDtIOn has eXDire0. has right to
cut and sell the hay. Exceptions sustained.
FRANKLIN COUNTY.
George M. Harmon VS.. E. Nj. Stilwell ct al.
Resorfpt- Thelaw court. are unanimously of the
should be overruled Motions and exceptions ov
errulled. Judgment on the verdict.
OXFORD COUNTY.
William w Bird VS.. John f. Swain.
Rescript-The defendant dnring his minority
bargained and delivered a horse TO the plaintiff
and took a Holmes note thereon as security for
the purchase money; after attaining his majority
he Endorsed ON the note and signed the following
words; "The within note being paid l hereby
discharge the property thereby secured Held
that the Endorsement cannot be construed as
Qualification in writing within the meaning OF
r. S. chap 1 IL, sec. 2 of an alleged warranty of
the soundness Of the horse. Exceptions over
ruled.
Inhabitants of Wells, appellants, VS.. Co. Com.
Eescript~County commissioners have authority
TO locate highway over and upon previously
existing town way whenever either terminus Of
such location connects with highway, although
the whole of such location is within the limits OF
Que and the same town.
When objections involving matters of fact are
made at nisi prius to the acceptance OF the re-
port of a committee of appeal on the location OF a
highway are overruled and the report accepted
ana-exceptions are taking to the ruling, the ex-
ceptons will be overruled unless the case finds
that the facts were found In favor OF the except
ing party by the presiding justice.
Special Act Of 1885, chap. 497, which provides
that ga highway NAV be laid out, constructed ana
maintained in the manner provided in II. S., chap.
49, across the tide waters of the OgunQuit river"
confers Jurisdiction on the county commissioners
to make the location. Exceptions overruled.